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(영문) 광주지방법원 2014.09.25 2014구합10387

자동차등록번호판 발급대행자 지정불가처분취소 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2013, the Plaintiff filed an application with the Defendant for designation as an agent for issuance of a motor vehicle registration number plate (hereinafter “instant application”) by submitting facilities and equipment that the agent for issuance of a registration number plate (hereinafter “registration number plate issuance agent”) should have.

Reasons for non-payment.

A. In light of the fact that the number of car number plates issued as of the end of December 2013 at our city has been reduced compared to the small year, and that there is still no citizen inconvenience and civil petition occurrence due to the registration number plate issuance agent currently in operation, the additional designation is rather likely to cause excessive competition between companies for attracting customers, and thus, the qualitative decline in the management deterioration and the quality of civil petition services is anticipated.

B. It is determined that it is sufficient to operate the motor vehicle registration number plate as one place of the issuing company of the designated motor vehicle registration number plate at the present time in consideration of the regional distribution, user convenience and demand, etc. of the issuing agent of the motor vehicle registration number number plate under Article 20 of the Motor Vehicle Management Act and

(c) will be designated through open recruitment, etc. to ensure fairness in administration in the event of a subsequent designation requirement.

B. On January 3, 2014, the Defendant rendered a disposition rejecting the application for designation for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and relevant statutes

A. The Plaintiff’s assertion is unlawful as it deviates from and abused discretionary power for the following reasons in violation of the principle of proportionality.

As the number of automobile registration and the number of replacements of registration license plate are continuously increasing at the 1,00, the defendant needs to additionally designate a registration license plate delivery agent.